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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/13/1957REGULAR MEETING Lubbock, Texas June 13, 1957 The City Cbmission of the City of Lubbock met at 9 o'clock A.M. in regular session at the regular meetitg place in the City Hall on June 13, 1957, the following members thereof being present to -wit: Mayor S. S. Blarrest, Jr., Qammissioners O.L. Hard, David Qasey and Hamer Maxey, City Manager H.P. Clifton, City Attorney Vaughn B. Wilson, and City Secretary -Treasurer Lavenia Lowe. Abset : Caommissioner Lennis Baker. invocation was given by City Manager H.P. Clifton. Lotion by Commissioner Casey, peconded by Comissioner Maxey, motion carried, Mayor Fbrrest and Com- missioners Bytd, Casey and Maxey voting Yea, none voting Nay, the following Minutes of thecity ❑omission were approved. Joint Meeting of City and County O mmissions------------------------May 27, 1957 Regular Meeting ------------------------------------------------------ May 28, 1957 Recessed Regular Meeting -------------------------------------------- June 3, 1957 Motion by 0)�=issioner Casey,, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Oommissioners Hard, Casey and Maxey voting Yea, none voting Nay, the following ffinutes of Accounts allowed were approved: General Fund 16537 - 16964 Both inclusive Airport Revenue Fond 171 - 198 Both inclusive 1956 Water Works System -Electric 473 - 610 Both inclusive 1956 Water Works System 221 - 275 Both inclusive Titer Works Revenue Fund 393 - 477 Both inclusive Electric Revenue Fluid 512 - 595 Both inclusive Miscellaneous Bond Funds PaUi.c Library Fund: 1956 Water works - Electric 477 573 4757 495 586 4770 508 601 Purk Fund: 4711 4785 1956 Street improvement Fund: 537 610 4726 4808 221 275 545 558 4743 4831 243 4702 569 4774 261 4765 Interest and Sinking Mind : 4742 Sanitary Sewer Fluid: 4736- 4745 Fire Station Bldg. Fund : 4800 Street W ovement Fund: 4702 4765 Airport Revenue Fund: 171-178-183-189-195-199 7-16-316-836 11otion by O mmissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, nam voting Nay, Ordinance No. 2194 was passed on second and final reading: ORDINANCE NO. 2194 AN ORDINANCE ANNEXING AN AREA AND TRACTS OF LAND ABUTTING AND ADJACENT TO THE EXISTING CORPO- RATE LIMITS OF THE CITY OF LUBBOCK, AND BEING ALL THAT LAND AND AREA OUTSIDE THE EXISTING CITY LIMITS AND BEING NEST OF THE SLIDE ROAD; SOUTH OF THE LEVELLAND HIGHWAY (L9TH STREET EXTENDED); EAST OF A ROAD DESIGNATED GENOA AVENUE WHICH RUNS NORTH AND SOUTH AND IS LOCATED ABOUT ONE MILE WEST OF THE SLIDE ROAD; NORTH OF 34TH STREET; AND NORTH OF THE TRACK OF THE SEAGRAVES BRANCH OF THE PANHANDLE AND SAM FE RAIERAY COMPANY, CONTAINING APPRCKINATELY 549 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING FOR EXTENSION fJ OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND F PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER OF TEE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 7-16-316-837 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forresta nd Commissioners Byrd, Casey and Maxey vodag Yea, none voting Nay, Ordinance No. 2198 was passed on second and final reading: ORDINAW E NO. 2198 AN (R DIMNCE ANNEXING AN AREA M D TRACTS OF LAND ABUTTING AND ADJACENT TO THE EXISTING CORPO- RATE LIMITS OF THE CITY OF LUBBOCK WHICH IS AND INGUDES ALL OF SECTIQFIL, BLOCK E-2, (NOT HERETO FORE ANNEXED) WHICH IS SUBSTANTIALLY ALL OF THE SOUTHWEST QUARTER OF,/SECTION 12, BLOCK U2, CON- TAINING APPROXIMATELY 129.1 ACRES OF LAND IN LUBBOCK COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODE( OF THIS ORDINANCE; PROVIDING FOR MENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING IR PUBLICATION AND,$IML PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 7-16-316-838 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissiow r s Byrd, Casey and Maxey voting Yea, none voting Nay, Ordnance No. 2199 was passed on second and final reading: ORDINANCE NO. 2199 AN ORDINANCE ANNEXING AN AREA AND TRACTS OF LAND A$UTTING AND ADJACENT TO THE EXISTING CORPORATE LIMITS OF THE CITY OF LUBBOCK, AND BEING ALL THAT LAND AND AREA INCLUDING ALL OF SECTION 8, BLOCK E-2 , (NOT HERETOFORE ANNEXED) AND THE NORTH 150 FEET OF SECTION 11, BLOCK ER-7, CONTAINING APPROXIMATELY 597.6 ACRES OF LAND IN LUBBOCK COUNTY, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN TIE BODY OF THIS ORDINANCE; PROVIDING FOR EXTENSIONS OF THE CITYLIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER PROVISIONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 7-16-316-839 Notion by Oommissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none Noting Nay, Ordinance No. 2200 was passed on second and final reading: ORDINANCE NO. 2200 AN ORDINA NCE ANNEXING AN AREA AND TRACTS OF LAND ABUTTING AND ADJACENT TO THE EXISTING CORPO- RATE�tXY1�tFf§O B i o -' "� a �t��'� Net S I 9, ( NOT HERET ANNEXED CONTAINING APP'=' IMk7ELY 614.6 ACRES OF LAND IN LUBBOCK COUNTY, TEXAS,BEING MORE PARTICULARLY ESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE, PROVIDING FOR EXTENSION OF THE CITY LIMITS AND CORPORATE BOUNDARIES TO ANNEX THE AREA; PROVIDING FOR PUBLICATION AND FINAL PASSAGE UNDER PRCVIOXONS OF SECTION 3-A, ARTICLE I, CHAPTER ONE OF THE CHARTER OF THE CITY OF LUBBOCK, AND EXTENDING THE CITY LIMITS TO INCLUDE SAID AREA. 7-16-316-840 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, NayorForrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2223 was passed on second and final reading: ORDINANCE NO. 2223 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MP OF THE CITY OF LUBBOCK SO AS TO MAZE THE FOLDING CHANGE: ZON3 CASE NO. 638 : CHANGE LOTS 1 THROUGH 7 INCLUSIVE A.E. COFFMAN SUBDIVISION, AND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R--2" TO AN 11R--3" ZONING DISTRICT. (VICINITY OF 21st STREET AND NASHVILLE AVENUE); SUBJECT TO THE FOLLOWING CONDITION: (L) THAT A PROTECTIVE SCREENING FENCE BE PROVIDED ALONG THE EAST LINE OF LOT 7, WHEN LOTS 6 AND 7 ARE DEVELOPED. FLANS FOR THE PENCE ARE TO BE APPROVED BY THE BUILDING INSPECTOR PRIOR TO OBTAINING A BUILDING PERMIT. 1-16-316-841 Notion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordnance No. 2224 was passed on second and final reading: ORDINANCE NO. 2224 AN ORDINANCE AMENDING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 639: (A) CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED IN SECTION 1 (A) OF THIS ORDINANCE FROM AN "R-2" TO AN "R: 1" ZONING DISTRICT. (B) CHANGE CERTAIN PROPERTY HEREIAFTER DESCRIBED IN SECTION 1 (B) (F THIS ORD32LNCE FROM AN "R-2" TO A "C-4" ZONING DISTRICT. P-16-316-842 bbtion by Commissioner Casey, seconded by Commissions r Byrd, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2230 was passed as an emergency measure: ORDINANCE NO. 2230 AN ORDINANCE AUTHORIZING THE ISSUANCE OF NO -INTEREST BEARING TIME WARRANTS IN THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00) PURSUANT TO CONTRACT WITH CITIZENS NATIONAL BANK, LUBBOCK, TEXAS, SAID WARRANTS TO BE ISSUED IN PAYMENT OF OBLIGATIONS TO SAID BANK: APPROPRRR TING AN AMOUNT11 OF MONEY OUT OF LUBBOCK MUNICIPAL AIRPORT REVENUE SUFFIa= TO PAY OFF SAID TIME WARRANTS ACCORD- ING TO THEIR TENOR AS THEY MATURE: AND DECLARING AN EMERGENCY. 57-16-317-842A rbtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayorlorrest and Com- missioners Bykd, Casey and Maxey voting Yea, none voOng Nay, (kdinance No. 2166 was passed on second and final reading: ORDINANCE NO. 2166 AN ORDINANCE ABANDONING AND CLOSING THE NORTH -SOUTH ALLEY AND THE BAST FORTY X40) FEET OF THE BAST -WEST ALLEY OF THE B.R. LITTLE SUBDIVISION OF LOT 2, BLOCK 25 OF THE CRUMP FIVE ACRE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AND DIRECTING THE CITY ENGINEER TO INDICATE THE CLOSING AND ABANDONING OF SAID ALLEY AND PORTION OF ALLEY AS AFORESAID. 57-16-317-843 Motion by Commissioner Byrd, seconded by Commissioner Maxey, motion carried, NkyorForrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was paned: RESOUTION WHEREAS, the City of Lubbock has heretofore let certain lands owned by it and situated South and East of the City of Lubbock and generally known as City Farms to Jimmy Standefer, and J. Frank Cray, under written contract dated February 28, 1953, reference to which contract is hereby made for the contents thereof, as well As. the description pf land; and, WHEREAS,, said agreement provided among other things for the disposal of certain effluent sewage, which said agreement also provided that the lessees are bound and obligated to accept the said sewage at earthen reservoirs located on the land and to properly distribute the same aver said lands and handle it at all times in such a manner as.not to allow said effluent to run into Yellow - house Canyon QF off the lands described in said Lease, which was not owned by the City of Lubbock; and, WHEREAS, the Lessees therein are unable to make satisfactory disposition of all of said sewage waters and desire the privilege of making arrangements with George E. Benson and Sam E. Arnett, who own lands, for the disposition and use of the existing effluent, and therefore dispose of the same on the lands other than those owned by th a City and have requested the Cityof Lubbock as Lessor, to consent to the disposition of such excess sewage effluent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CMaSSION OF THE CITY OF LUBBOCK: SECTION 1. THAT Mrs. Jimmy Standefer and J. Frank Gray in said Lease Contract dated Februry 28, 1953, are hereby authorized to make arrangements with said Benson and Arnett and their heirs, executors and assigns, for the disposal of excess sewage effluent under the following terms and conditions: (a) That such effluent: shall never be hard led, stored, transported or disposed of by the said Standefer and Gray in any manner which is in violation of said lease Contract, or may be i� calculated to create a nuisance to adjoining or nearby residents or property owners or the property of said Benson and Arnett. 0)) That any arrangement made for the disposition of effluent upon the lands of said Benson and Arnett shall be subject to the temps of said Agreement'entered into by aid between the City of Lubbock and said Cray aid Standefer, and all costs pertaining thereto shall be paid by the said Cray and Standefer. (P,) That any arrangements made between the said Standefer and (ray and Arnett and BenDn shall never be construed as binding the City of Lubbock to deliver any quantity of effluent upon the lands of or under the control of said Arnett and Benson. On motion of Commissioner Byrd, seconded by Commissioner Haxey, the foregoing Resolutta shall be unanimously passed by the City Commission this 13th day of June, 1957. ATTEST: /s/ S. S.FORREST, JR., Mayor /s/� � LOWE, City Secretary -Treasurer 57-16-317-844 NOTICE TO BIDDERS SEALED Bids will be received at the office cf the City Purchasing Agent until 10 a.m. Thursday June 13, 1957, for the right and privilege of collecttg and disposing of any or all materials and substances to be foundin the City Garbage dumps. Bids will be forthe period of three (3) years beginning August 1, 1957. The successful bidder will pay to the City monthly installments in advance on the first day of each month beginning August 1st, 1957. The successful bidder will maintain workman's compensation, public liability and property damage insuraee during the term of the contract. The City of Lubbock reserves the right to reject any or all bids. ROY L. GRIMES Purchasing Agent, Lubbock, Texas This being the date set to open bids for the salvage of City Garbage dumps, motion was made by Com- missioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the bids to be opened and read, there- fore the following bids were opened and read: Gentlemen: I will pay the City of Lubbock V+65.00 dollars a month, for all -salvage rights of the City dump ground. I will cooperate with the City specifications on this contract, with the payments due the first of each month, for three years. I would request that the City employees do not salvage anything off the trucks before they reach the dump ground. THANK YOU, /s/ OSCAR GREENHAw Lubbock, Texas June 10, 1957 I, JACK MAZY, purpose a bid of $365.00 per month for a period of three (3) years for the salvage of the City dump. I will comply with all insurance regulations and City rules and etc. /a/JACK MAZY 3312 28th St. Lubbock, Texas PERMIAN RAG COMPANY June 13, 1957 7-16-318-845 City of Lubbock Lubbock, Texas Purchasing Agent % Roy 1" Crimes. Gentlemen: Pbr the right and privilege of collecting and disposing of any and all materials that have a salvagable value to be found in the City Garbage Dump I respectively submit the following bid. $651.00 per month payable in advance on the lst day of each month beginning August lat. 1957 and continuing for a period of 3 yesr s. I agree to maintain insurance acceptable to the City of 'Lubbock. Thanking you for your interest and consideration, I remain, /s/ James H. Parker By: JAMES H. PARKER 709 27th Street PO. Box 9" Lubbock, Texas JUNE 12, 1957 Mayor and City ODuncil City of Lubbock Lubbock, Texas Gentlemen: Please accept our bid in the amount of $512.50 per month for exclusive salvage rights at the Lubbock City dump. We agree to comply with all terms and conditions of your bid specifications for the entire term of the contract. Sincerely, After consideration of the above bids, motion was SCRAP METALS, INC. made by Byrd, seconded by Casey, motion Carried, BY: /s/ LOUIE WELCH, Forrest and all commissions voting Yea, none voting Authorized Agent into contract. Nay, to authorize the bid to be awarded to James, Parker, Ijis being the best bid. Mayor to enter / Abtion by Oommissioner Byrd, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Cam missioners Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION ADOPTING UNIFORM PERMIT AUTHORIZING QWNERS EF FARM LAND ABUTTING LOOP 289 TO CONSTRUCT AND LAY UNDER GROUND IRRIGATION WATER LIKES ACROSS THE RIGHT OF WAY OF LOOP 289 AND AUTHORIZING CITY KUUQER TO EXECUTE AND DELIVER SUCH IE RMIT ON PROPER APPLICATION. WHEREAS, as part of the highway program and the acquisition of the necessary right of way for Loop 289, Lubbock County, Texas, by the City of Lubbock, it is deemed desirable and beneficial to to public that owneas of]and abutting both sides of the right of way be permitted to construct and lay underground irrigation water lines across the said right of way; and, WHEREAS, the blank permit form No. 109 attached hereto meets the approval of the Texas Highway Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMISSION OF THE CITY OF LUBBOCK: THAT the blank permit form No. 109 attached hereto be and the same is hereby approved, and that the City Manager of the City of Lubbock BE and he is hereby authorized to execute and deliver for and in behalf of the City of Lubbock, said permit upon written application being filed with the Right-of-way agent of the CLtyof Lubbock, andfurther that said permit be executed in triplicate one copy to be retained by the City of Lubbock; one copy to be delivered to the applicant and one copy to be delivered to the Resident Engineer of the Texas Highway Department, Lubbock, Texas. Passed by the Commission this 13th day of June ,1957. ATTEST: 1s/ S. S. FORREST, JR., - -- Mayor /s/� IA LOWE, (pity Secretary -Treasurer PERMIT TO CONSTRUCT IRRIGATION WATER LINE ACROSS RIGHT OF WAY Be: Loop 289 Lubbock County, Texas Late TO: The City of Lubbock ie reby authorizes and permits you to construct and lay an underground irriga- tion water line across the right-of-way of loop 289, Lubbock Oounty,Texas, at the location des- cribed in your application dated ,1957, aid as described in Fuhibit '%" attached hereto as d made a part hereof, subject to the following expressed conditions and stipulation. (i) It is expressly understood that the City of Lubbock does not purport hereby to grant any claims of title, right or estate in or upon the right-of-way for Loop 289. (2) It is eppressly understood that the right-of-way for said Loop 289 is to have con- structed thereon a highway by the State Highway Department and is to be under its direct super- vision, and it is therefore understood and agreed that the State Highway Department may require you or your heirs and assigns or other owner to relocate the line or lines at your expels a subjec to existing governing laws,by giving thirty days written notice. (3) It is expressly understood that ht a work done by you on the right-of-way for loop 289 will be performed in accordance wfh instructions of the State Highway Department, aid the con- struction, laying and installation of the irrigation water line shall be made prior to Highway construction, and subject to following special specifications: a. The water line shl be of welded steel casing of such size to meet your pumping require- ments, all laid within a corrugated galvanized metal conduit of approximately 18 inches of suffichnt gage to meet highway load standards. b. The pipe line to be laid to grade and depth under the direct supervision of the State Highway Department. c. All pipe line to be laid to cross at right angle to the right-of-way to obtain least possible distance across said right -of -ay. d. The Resident Engineer of the State Highway Department, at Lubbock, Texas, shall be given fifteen (15) days notice prior to installation. THE Ca Y OF LUBBOCK BY: APPLICATION FOR PERMIT TO CONSTRUCT IRRIGATION WATER LINE ACROSS RIGHT OF WAY TO: City Omission of Lubbo ck, Texas WHEREAS, the City of Lubbock has acquired and now owns a tract of land for highway right -of- � way purposes, located and situated within what is designated as Loop 289, Lubbock County, Texas, and more particularly described in the lkhibit "A" attached hereto and made a Bart hereof and all of which land is adjacent and abutting the farm land owned by the undersignedcwhich is on each side of the right-of-way of said Loop 289, and WHEREAS, the undersigned desires to construct and lay an underground irrigation water line across the said right-of-way of loop 289 at the location (s) described more particularly in the ffihibit "B" attached hereto, and made a part hereof, prior to and before the construction of the proposed highway by the State Highway Department of Texas, its agents aid.Ar contractors, THEREFORE, application is here made that undersigned be granted a permit in terms of the attached copy (the terms of which are hereby accepted) to cols truct and lay an underground irrigation water line at the location (a) described in the fthib it "I" attached hereto aid hereinabove referred to, and which is to be used in connection with the farming and agricultural operations of the undersigned. Signed this the day of .1957, at Lubbock, Lubbock County, Texas. ..1 (Applicant) I 'i 57-16-319-846 Pbtion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Oommissiours Byrd, Casey and Maxey voting Yea, none voting Nay, the following resolution was passed: RESOLUTION A RESOLUTION ADOPTING OCCUPANCY LICENSE FOR FARM PURPOSES AND AUTHORIZING GRANTING SAID LICENSE AND ERECUTION BY C TrY MANAGER; INSTRUCTING THAT SAME BE RECORDED BY CITY OF LUBBOCK RIGHT- OF-WAY AGENT. WHEREAS, the City of Lubbock, has acquired and will hereafter acquire certain lands suitable for agricultural purposes in connection with the Highway Program of said City; said land being within the Right of Way of what has been described and designated as Loop 289 located and situated in Lubbock County, Texas; and, WHEREAS, the time when said laid will actually be occupied for a public highway is now uncertain; and, WHEREAS, it appears that it will be in the public interest that the land be utilized by the adjacent and abutting land owner for farm purposes, only until the land acquired and owned by the City of Lubbock is needed, and, WHEREAS, applications Vill be made by owners of land adjacent and abutting the land owned by the City of Lubbock to occupy and use said land for farming purposes; and WHEREAS, it Ins been determined that the attached license should be granted upon proper application being filed with the Right of Way Agent for the City of Lubbock; NOW, THEREFORE, BE IT RESOLVED BY TIE CITY COMtiISSION OF THE CITYOF LUBBOCK: THAT on written application of the owner of land adjacent and abutting land owned by the City of Lubbock being filed with the Right-of-way Agent and the delivery of an executed acknowledged acceptance of the license (copy of which is attached hereto and is hereby approved) the city Manager is hereby directed and authorized to execute the Occupancy License for and in behalf of the City of Lubbock, all to be attested by the City Secretary -Treasurer by signing and affixing the Seal of the Cityof Lubbock tie reto. Be it further resolved and the R#ht-of Way Agent for the City of Lubbock BE and is hereby authorized and instructed to cause theoriginal executed License so granted to be recorded in the Deed Records of Lubbock County, Texas. Passed by the Omission this 1� 3th dayof June .1957. ATTEST: /s/ S. S. FORREST, JR., Isl LAVENI LOVE Mayas Cary cre - easurer OCCUPANCY LICENSE FOR FARM PURPOSES The City of Lubbock, a Home Rule Manicipd Corporation, aiereinafter called Municipality) grants to Oiereinafter called Licensee) as the owner of farm land adjacent and abutting that certain land located and situated within what is designated as Loop 289, Lubbock County, Texas, and more particularly desedbed as follows: A license to use and occupy said tract of land for farming purposes only, effective from and after date of written acceptance and acknowledged hereof by Licensee. (L ) OCCUPANCY: a.. Basis of License: This License is granted on the basis of Licensee's use and occupancy of said ]a nd as farm land. b. Duration and Termination of License: This License is effective from and after the written acknowledged acceptance hereof by Licensee and shall remain valid subject to thewill and determinate tion of said Municipality which reserves theright at any time or season with or without notice to Licensee to go upon and/or possess said tract of land for all purposes. Upon the exercise of this right-of-way entry to possess said land by the Municipality acting through its contractors, office s, agents, servants and employees all rights of Licensee to use and occupy said tract of land shall thereby cease, and Licensee agrees and does hereby yield up peaceabl*ossession of said tract of land to said Municipality and further agrees that he will in no manner obstruct or attempt to obstruct any possession or repossession made or attempled to be made by Municipality, its contractors, officers, agents, servants and employees. (c. Licensee not a Lessee: No Legal title or lease hold interest in said tract, of land or appurtenances thereto shall be deemed or construed to be created or vested in Licensee by any thing contained herein or by any acts or conduct of any agent, officer, or employee of Municipality. d. Use of Premises: This License is expressly personal to Licensee, and the benefits, use and occupancy under this licerse inures to Licensee only and to no other person, and Licensee is permitted to use, occupy, and farm said land through his servants and employees; and this License is in no wise assignable in whole or in part. (z) COVENANTS, OBLIGATIONS AND RESPONSIBILITY OF LICENSEE: a. Indemnity: Licensee, by the use and occupation of said tract of land, anticipates an entry and possession at will by the Municipality, and Licensee hereby agrees that no damages,. liability or cause of action of any character shall accrue to JAcensee or any other person or persons by reason of any entry or possession by Municipality and Licensee hereby assumes all, any and every risk involved and agrees and is hereby obligated to hold said Municipality harmless from any and every damages, claim, cause of action, suit, judgment and any other cost in any manner growing out of or connected with Licensee's use and occupation of said tract of land and/or entry and/or possession by the Municipality, aid Licensee agrees to defend the Municipality's right of entry and possession against any person whomsoever, and Licensee's use and occupancy of said tract of land shall be and constitute the evidence of acceptance of this obligation, binding on Licensee, his heirs and administrators. b. Waiver of Damages : Licensee's rights under this License to use and farm the tract of land herein described will cease upon entry by the Municipality, acting through its contractors, officers, agents, servants, and employees, and in consideration of the use and benefits received by Licenseee, the Licensee hereby waives any and all damage or damages to crops or other property damage which does or might result from any entry by Municipality which may be made with or without notice. It being anticipated by Licensee that crops of some character may be on said tract of land when entry is made by Municipality for purpose of repossessing said tract of land, and in con- sideration of the use of said tract of land for farming purposes, Licensee consents to the destruction of crops on said tract of land at the time of any such entry, and agrees that Mmicipa- lity will not be liable or responsible to Licensee for any damage to Licensee or the crops resulting from such entry and/or crop destruction by the Municipality in the course of entering upon and/or repossessing said land. Licensee assumes all such risks and losses, if any, in using said tract of land for farming purposes as an adjunct to his other farming operations and agrees that upon any entry by Municipality for thepurpose of repossessing said lead and terminating Licensee's rights under this License, Licenseee will modify and adjust his farming pattern including but not limited w the relocation of turn -rows and farming appurtenances off said tract of landat his own cost and expense, and waives all damage in connection therewith of whatsoever character or nature. c. Improvement_ and Liens on 9YM s: Licensee covenants and agrees that no temporary or permanent improvemects or structures will be placed or constructed on said tract of land, and neither will he permit or suffer same to be done by any other person or pesons, except the Municipality, unless otherwise agreed upon in writing between Licensee amd Municipality, and Licensee obligates himself and does hereby covenant to act ify the City ftnager of the City of Lubbock of any violation of this covenant, and neither will any crops, platted or growing on said tract of land, be subjected to any lien or any other interest. In Witness 'Whereof, the City of Lubbock, acting heroin by and through its duly qualified officer heretofore duly authorized has caused these presents to be signed and duly attested by its Secretary -Treasurer this day of ,1957. CITY OF LUBBD CR ATTEST: BY: •H.P. Clifton, City Manager Levenia Lowe, City Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK x BEFORE ME, the undersigned authority, a Ibtary Public, in and for said County, Texas, on this day personally appeared H.P. CLIFTON, known to he to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as CITY MANAGER, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1,1957. Notary Public,Lubbock Oounty,Texaa The above and foregoing License having been read and fully understood by me, the same being granted on my application dated , 1957, it is hereby accepted subject to all the terms, conditions, limitations, and covenants therein expressed and in witness whereof my signature is affixed hereto this day of , 1957/ W1 57-16-321-847 THE STATE OF TEXAS x COUNTY OF LUBBOCK x BEFORE, HE, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared known to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 1957. Notary Public, Lubbock County, Texas APPLICATION FOR OCCUPANCY LICENSE FOR FARM PURPOSES TO: City Commission of Lubbock, Texas WHEREAS, the City of Lubbock has acquired and now owns the tract of land for right-<E-way purposes, located and situated within what is designated as Loop 289, Lubbock County, Texas, aid described in copy of license hereto attached and all of which tract of land is adjacent and abutti% farm land owned by the undersigned, aid, WHEREAS, the undersigned desires to use said tract of lad for farming purposes only according to terms of the above mentioned license, until the City of Lubbock desires to use said tract of land. THEREFORE, Application is here made that undersigned be granted a license in terms of the attached copy to use and occupy said tract of land for laming purposes only to be held at the will and determination of the City of Lubbock. Signed this day of ,1957, at Lubbock, llnbbock County, Texas. (Applicant) June 13, 1957 Honorable Mayor and City Commission Lubbock, Texas Gentlemen: I have examined thepaving improvements constructed by Elliott Taylor, paving contractor, under his contract dated July 26, 1956, designated as G.W.O. 2015,and find the improvements on 39th Street known and designated as Sub -Unit ND. 2 of Unit No. 1865 and Elm Avenue known and designated as Sub - Unit No. 25 of Unit No. 1865, as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on saidstreets and avenues, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of lubbock and issue assign- able certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ JOHN T.HICRERSON City Engineer Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, I#or Forrest and com- missioners Byrd, Casey and Macey votirg Yea, none voting Nay, the following resolution was passed: RESOLUTION RESOLUTION ACCEPTING IMPRW EMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING TIE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed verious street improvement ordinances and resolutions and entered into contract with Elliott Taylor, (G.W.O. 2015) for the making and con- struction of alley and/or street improvements on portions of numerous streets and/or alleges in said city induding amongcther the following: 39th Street from its intersection with the East Property Lineof Utica Avenue to its intersection with the East Property Lineof Toledo Avenue, known and desigt ated as Sub -Unit Number 2 of Unit Number 1865. Elm Avenue from its intersection with the North Property Line of Fast 26th Street to its intersection with the North Property Line of Bast 28th Street, known and designated as Sub-Umit Number 25 of Unit Number 1865. AND WHEREAS, the improvements upon the said portions of the abommentioned streets, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.0.2015). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. Tbat the improvements on said portion of the above mentioned streets be, and the same are hereby accepted, and the City Engineer be and is hereby authorized to direc*ayment of the City's portion of cost. II. Tba t the Mayor and City Secretary.be, and they are hereby instructed to execute and deliver certificates in evidence of ghe assessments levied against the parcels of property abutting upon the said portion of the streets listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13 TH DAY OF JUNE, 1957. ATTEST: Is/ S. S. FORREST, JR. - Mayor / s / LAVEN IA LONE r City Secretary -Treasurer CONSOLIDATED FINAL ESTIMATE FOR SUB -UNITS ACCEPTED JUNE 13, 1957 G.W.O. 2015 QUANTITIES Chit & S.Y. S.Y. L.F. Sub -Unit No. Location Mv. Subzr: _ r C- & G 1865-2 39th St. ;` hica Ave. to Toledo Avenue 2454.25 2806.86 1269.40 1865-25 Elm Ave.; E. 26th St. to E. 28th St. 3195.07 3668,08 1702_84 - Totals 5649.32 6474.94 2972.24 COST 5649.32 S.Y. Pay. @$1.15/ S.Y. $ 6,496.72 6474.94 S.Y. Sdbgr. @ $0.20/ S.Y. 1,294.99 2972.24 L.F. C&G @$1.50/ L.F. 4,458.36 Contract Gbst $ 12,250.07 COST DISTRIBUTION Unit & Property Owner City to Csintractor Sub -Unit No, Contract Cost _ Cost when Uhit 2a3me 1865-2 $ 5287.86 5343.38 - 55.52. 1865-25 _ 6962.21 7356.05 - 323.84 Totals 12,250.07 12,699.43 - 449.36 '-16-322-848 Motion by Ooamistoner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve the recommerd ation of the Auditorium Coliseum Operational Board, to retain Mr. Charles Meeker of the State Auditorium in Dallas, Texas, for advise and council in connection with operation of the municipal Auditorium CDlisaum in lubbock, Texas, for the fiscal year 1957-58. Mr. Meeker's fee to be $1000, 7-16r322-849 4btion by Commissioner Maxey, seconded by Cmamissioner Casey, motion carried, Mayor Forrest and On%- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize purchase of paving certificate 5om West Texas Construction, Inc. on R.A. teems property on 42nd Street West of Avenue A. This property will become Avenue B right-of-way in the future. The amount of this certificate is $231.37, less 71 % Discount, net cost being $214.02. This property being homestead and Lein never executed. The City Commission authorized this paving certificate to be cancelled. 7-16-322-850 bbtion by Commissioner Maxey, seconded by Commissioners Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Appropriation Ordinance No. 2232 was passed as an emergency measure. ORDIMNCE NO. 2232; AN APPROPRIATION ORDINANCE WHEREAS, the City Omission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this rodinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Raid The Sum $3 00.00 For the following purpose: To prepare and install signs to designate areas in Mckenzie Park. 7-16-322-851 Motion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea,none voting Nay, to accept the verbal proposal of It. R.P. Brown, to convey all of lots 8, 9, 10 and 11, Block 1, Brown Subdivision located on the Northeast corner of the intersection of Ursuline Street and Avenue N for the appraised value of $2724.42 plus abstract cost of $25.00. 7-16-322-851 Pbtion by Commissioner Maxey, seconded by Commissioner Casey, motion carried, Mayor Forrest and Commissioners Bard, Casey and Maxey voting Yea,none voting Nay, Appropriation Ordinance No. 2233 was passed as an emergency measure. ORDINANCE NO.2233 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Tabbock fiuh it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described ' fund to-wit:Genetal Fund � The Sum $2757.42 For the following purpose: to purchase Lots 8,9,10 and 11,B1k 1, Brown Sub for $2727.42 plus $30. 00 abstract costland filing fees from R. P. Brown. 7-16-322-852 Potion by 0ommissionerlByrd, seconded by Commissioner Maxey, motion carries, myor Forrest Snd 0ommissioners Byrd, Case and Maxey voting Yea, none voting Nay, Appropriation Ordinance No. 2234 was passed as an emergency measure. ORDINANCE NO. 2234 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency, NOW THEREFORE BE IT ORMINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund: Water Bond Fund The Sum $23, 900.00 For the following purpose: To construct of a 16 " water line in 50th Street from Elgin to Indiana to precede paving. 57-16-323-853 Irbtion by Commissioner Casey, seconded by Cmmissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Itzey voting Yea, none voting Nay, Appropriation Ordinance No. 2235 was passed as an emergency measure, ORDINANCE NO. 2235 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates and emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: !here is hereby appropriated out of the following described bond fund to -wit: Water Bond Funds The Sum $i2 , 8 00.00 For the following purpose: To construct water lines across Avenue U between 50th & 56th, to precede paving, 57-16-323-854 Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Maya Forrest and Ommissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Appropriation Ordinance No. 2236 was passed as an emergency measure. ORDINANCE NO. 2236 AN APPROPRIATION ORDINANCE WEEMS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City Departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to-wit:Sanitary Sewer Bond Fund The Sum $1, 2 00.00 Pbr the Following purpose: To construct Sanitary Sewer Manhole and stubs across Avenue U from 50th to 54th Street. 57-16-323-855 The following proposal from V. L. Bethune, was considered. Mr. Bethune proposes to convey all of Lot 4, Block 12, City View Addition, including all improvements for $5464.8 0 plus $25.00 abstract cost. This land needed for Ioop 289 Right-of-way. Proposal No June 7, 1957 To the City Oommission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: Lot 4, Block 12, City View Addition. We propose aai offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land, said part being described as follows, to -wit: All of the above including all improvements. We agree to deliver to City a Complete abstract showing merchantable title in the under- signed and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum $5464.8 0 plus $25.00 abstract costs. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, [s/ V. L. Bethune Accepted by the Governing Body of the City of Lubbock, this day of 1957. /s/ S. S. Pbrrest, Jr. A gT Mayor /s/EIayenia Lowe Secretary After consideration of It. Bethune's proposal, motion was made by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and tbmmissioners Byrd, Casey and Macey voting Yea, none voting Nay, to accept V.L. Bethune's proposal. 1-16-324-856 potion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and and O xmissioners Byrd, Casey and Maxey voting Yea,none voting Nay,Appropriation Ordinance No. 2237 was passed as an emergency measure. ORDINANCE NO. 2237 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bound funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described ' fund, to-witt General Blind The gum $5494.8 0 For the following purpose: To purchase Lot 4, Block 12, City View from W. V. L. Bethune for $5464.80 -plus $30.00 for abstract cost and filing fees. This is needed for Loop 289. -16-324-857 The verbal proposal of E. Hayes Sieber was considered. W. Sieber proposing to convey 20.54 acres of land out of the South one-half of the Northwest one-fourth of Section 12, Block E-2, lubbock County, for right-of-way for Loop 289 for a total of $10,270.00. potion was made by Gbmmissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Bbrrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to make recommendation to the County Oissioners Court that this proposal be accepted. -16-324-858 potion by Om=issioner Maxey, seconded by Comissioner Byrd,motion carried, Mayor Forrest and Commissioners Byrd, Casey and baxey voting Yea, none voting Nay, Appropriation Ordinance No. 2238 was passed as an emergency measure. ORDINANCE NO. 2238 AN APPROPRIATION ORDINANCE WHEREAS, the City Commission of the City of Lubbock finds it isnecessary to appropriate certain qpecific funds out of bond funds for an approved project, and this ordinance deals with the daffy operation of City departments in the public interest which creates an emergency; NOW THEREFORE" BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Fund The Sum $2 05. 55 Bbr the following purpose: To cover cost of paving of Park land adjacent to 37th Street and Avenue L. '-16-324-859 Consideration was given the proposal of J.L. iblt to convey 6.5 acres of land off the North side of the South 2165 feet of the West k of the NE% of Section 10, Block B-2, less 20 acres along the East side having a width of 402.5 feet, including irrigation adjustment plus abstract cost for the total consideration of $7500. 00. It was unanimously agreed by the City Commission that no action be taken in this regard on this date. The Right -of - Way Department to re -negotiate with Mr. Lblt. ►-16-324-860 The following claim of Carlton Ray Timms was considered by the City Coxrrmission: Iubbock, Texas May 25, 1957 TO WHOM IT MAY CONCERN: I Carlton Ray Timms of 101 Temple Ave. Lubbock, Texas was waiting for my pbther (pis. Isis Timms X to come pick me up at the Pepsi Cola plant where I work. After I got off work(May 7, 1957) about 5:20 P.M. I walked out to the sidewalk and back to the plant. I then walked back to the street and put my hand on the sign post maned wads I waiting for Nbther. I saw her and my sister (firs. Pearl Shelton) cgmi g after took my hand off the post the sign fell on my head. It was hurting pretty bad so I went back in the plant and set down awhile. then we/went to the Pblice station and gave thew a statement. They told us to go to the hospital and have it seen about. Shen we got there we saw Dr. Holt. He cleaned off thr pictund res and shaved off around it. He then took eight Q3) stiches in it. He took two a} y P let me go home. I sure did suffer with it the next day or two. I went back to the Doctor the following Saturday Oty 11,1957). I then had to go back on the 14th and 15th before being released May 16, 1957. I lost one days work on account off the accident. The secretary at Pepsi Cola witnessed the accident. Her name is Nora. Elenore Vaught, 2621A Bates. I have lived at this address for the past year or so and the atident happened at the street marker of 17th Street and Avenue G. I dont know what the doctor and hospital bill will Lope this is all the information you will need. Yours truly, I s/ Carlton Ray Timms Signed before Latane McKibben, Notary Public, June 3, 1957. 25 5 I missed one day of work which was $ 8.35 My doctor bill was 21, My Hospital bill was 525 .5 0 I believe I should have at least one hundred dollars out of it all. ts�a Mrs$I,Arl nRsa,ylRz%mple Ave. After consideration of the claim of Carlton Bay Timms, motion was made by Commissioner ftxey, seconded by Commissioner Casey, motion carried, Ahyor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize payment of $100.00, to Carlton Ray Timms, in full settlement of this claim. The City to be released from said claim when payment is made to Aar. Timms. 57-16-325-861 Abtion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, Ordinance No. 2231 was passed as an emergency Measure. ORDINANCE NO. 2231 AN ORDINANCE CONSTITUTING THE "AMENDMENTS AND SUPPLEMENT NO. 2 TO THE LUBBOCK CITY CODE, 1955," COVERING ALL ORDINANCES OF A GENERAL AND PERMANENT NATURE ENACTED BY THE CITY COMMISSION FROM JANUARY 1, 1956 TO MARCH 31, 1957, INCLUSIVE, AS A PART OF THE OFFICIAL CODIFICATION OF ORDINANCES OF THE CITY OF LUBBOCK: REPEALING ALL CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT: DLOCLARING AN EMERGENCY AND PROVIDING FOR IMMEDIATE EFFECTIVENESS OF THIS ORDINANCE. 57-16-325-862 The City Commission re -considered zone case 539A on which hearing was held May 28, request of Dr. Myron D. Hgttison, to change the property in the v icinity of 21st and Louisville Avenue from "R-2" to "R-3" zoning district. Mr. Ed Napier, Attorney, representing It. M%ttison appeared before the City Commission and suggested that the hearing be continued, since an over-all study is being made of this area, therefore no action was taken by the City Ommissico on this zone. 57-16-325-863 The discussion of a committee to meet with the school board to appoint a Tax Equalization Hoard and the Mayor appointed Commissioner O.L. Byrd and Commissioners Homer H9xey to serve as members from the City Commission on this Committee to appoint a lkx Equalization Board for the Y¢ar 1957. 57-16-325-864 Mmabers of the South Plaids Art Gild appeared before the City Commission, Mrs. Bruce Bean as spokesman made a request for the tax supported Fine Arts Center for Lubbock. This proposal was taken under consideration by the City Commission. 1�7-16-325-865 The Paving of alleys with asphaltuas discussed by the City Oommissionand it was unanimously agreed that alley paving with asphalt wowtd not be satisfactory. Motion was made by Com- missioner Maxey, seconded by O msaissioner Byrd, motion carried, Mayor Forrest and Commissioner Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the adjacent alleys to business property to be paved with 10' strip of concrete in the center of thealley in accordawe with City of Lubbock specifications. It is thought that this 10 foot slab in the center of the alley will be sufficient and will reduce the property owners cost for paving of alleys, and said 10' concrete slab will, be approximately the same cost as paving the full alley with asphalt. The City to contribute the same percentage ,to the cost of said concrete paving slab in the alleys as outlined in City Ordinance No. 2107. 57-16-32 5-866 Abtion by Commissioner Byrd, seconded by Obmmissioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize Atr. Earl Richardson, owner of prg3erty located'at the corner of Gary and Auburn Street to construct a temporary building cn Lots 15 and 16 in Block 28, Maddox's Addition, said building to be moved from tits location not later than February 1, 1958. 57-16-325-867 Abtion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Ahyor Forrest and Commissioners Byrd, Casey and Abxey voting Yea, none voting Nay, tosuthorize tic Myor to execute the following street use license to W.O. Worley covering property at North Avenue U and Baylor Street. GIVEN TO JOHN SCOTT 1;.O.W. DEPT. STREET USE LICENSE TO W. 0. WORLEY THE STATE OF TEXAS X COUNTY OF LUBBOCK X This license made. the 13th day of June, 1957, between the City of Lubbock, a Home Rule Wnicipal Corporation, acting by and through its Ahyor hereunto duly authorized, hereina fter called "CITY", and W.O. Worley, of Lubbock County, Texas, hereinafter called "LICENSEE", WITNESSETH: That the parties hereto, for and in consideration hereinafter Expressed, covenant and agree as follows: L For and in consideration of the sum of ONE AND N01 100 ($1.00) DOLLARS in hand paid to the City by the Licensee and the further observance of the hereinafter stated terms and conditions by said Licensee, the City hereby grants Licensee a license to lay, construct, maintain, and operate private underground water, sewer and natural gas utility lines along and under a portion of North Avenue U in the City of Lubbock, Lubbock County, Texan, saidportion being described as the West ten (10) feet of North Avenue U from the North side of Baylor Drive to the South side of the East-West alley of Block 2, Robert A. Jones Subdivision to the City of Lubbock, Lubbock, County, Texas; said portion lying along and abutting Lot 1, Block 2, Robert A. Jones Subdivision to the City of Lubbock, Lubbock County, Texas. IL This license is made subject to Oe condition that the Licei see, his heirs or assigns, willat all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless of and from any and all claims, demands, actions, causescf action, suits at law and in equity of whatsoever kind or nature which may grow out of or relalB to the making of this license or the laying, constructing, maintenance, and operation of the private- underground water, sewer and natural gas utility lines and appurtenances herein contemplated and will further replace or repair and payin full all losses or expenses that the City of Lubbock may suitain, incur or become liable for resulting in anymannef from the laying, constructing, maintename and operation of said private utility line% III. Licensee shall, at his own expense and subject to the supervision and control of the City Engineer, locate, construct and maintain aid private utility lines herein contemplated in such a manner and of such material that adid private utility lines will not at any time be a source of danger to or an interferance with t#e safe operation of North Avenue U as a public way. 716-326-868 IV. The ditching, laying and refilling of said private underground water, sewer and natural gas utility lines shall be done at a time subject to the approval of the City Engineer, and the Licensee shall provide and erect such barricades, warning signs, and other safety devices under the supervision and as directed by said City Engineer, and the Licensee shall pay all costs incidental to such supervision. V. The City at its election may cancel and revoke this license, with or without cause, upon thirty days notice to the Licensee. VI. This license and privilege shall. not be transferable in whole or in part, and shall not inure to Oe benefit of any other person, firm, corporation, or organization other than Licensee except upon express written convent cf the City. 11 V II. All covenants and provisions of this instrument shall be binding upon and inure to the benefits of the successors, legal representatives, and assigns of the parties hereto to the same extent and effect and the smue are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, his heirs, legal representatives or assigns shall be binding upon the City without written consent of the City in each instance, as herein provided. Vill. Upon termination of this license by revocation or cancellation by the City, by mutual consent of the parties hereto or otherwise, the private underground utility lines and other improvements made pursuant to this license shall be removed forthwith by the Licensee at not cost to the City. In witness whereof, the parties have executed this agreement in duplicate this 17th day of June, 1957, THIS COPY BEING A DUPLICATE ORIGINAL. ATTEST.: /a/ LAVENIA LOWE, City Secretary -Treasurer CITY CF LUBBOCK BY:'/s/ S. S. FORREST, JR., Myor W.O. WORLEY THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE HE, the undersigned authority, a Notary public in and for said County, Texas, on this day peeonally appeared S. S. FORREST, JR., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of June ,1957. Notary Public, Lubbock County, Texas THE STAM OF TEXAS X COUNTY OF WBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared W.O. WORLEY, known to me to be the person whose nae is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1957. Notary Fuliic, Lubbock County, Texas lebtion by caecmnissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and missioners Byrd, Casey and Maxey voting Yea, none voting Nay, to approve and authorize the full joint use Plan of Dish School property for Parks and school use. This agreemat being between the City of lubbo do and Lubbock Independent School district. lash School being located at 15th Street and Utica. SCHOOL PARK PLAN - RUSH ELEMENTARY SCHOOL Lsibbock, Texas Tine following proposals for joint use of the Rub Elementary school Campus by the City Park Department and the Public Schools are submitted for the consideration of the Administration and the 8vards of the City and Schools. proposals : A. That the City will: 1. landscape the grounds 2. Provide facilities fcr a. Football b. Basketball c. Croquet d. Tennis e. Volley Ball f. Shuffle Board the following activities: g. Soft Ball h. Swings i. Slides J. Ubrse Shoes 3. Mintain the grounds the yes round. B. That the Schools will: 1. Install a iprinkler system 2. Pay the water bills suggested provisions to be incorporated in agreement: A. Spat the plan for landscaping and developing the campus/will be worked out by a committee appointed by the Administrative officers of the respective governing boards, such plan to be apporved by the respective boards. B. That the Citywill agree to landscape and develop the grmnds for softball and football immediately after the Schools have installed the sprinkler system and the plan for landscaping and development of the campus has been approved bl blie City and Schools. As soon as funds are available, the City will agree to install tennis courts, basketball courts, and other spaces listed in A, (Proposals) above. C. That the City will agree that, if a recreational bIldt ne� is erected by the City on the site, it will be designated by the Architect who desiEped tHel/Cu ding so that the architecture of the two will be in conformity. That the Board of Trustees of the Lubbock Public schools will approve the erection of the building and its location of the site. D. That the School will have priority of the use of the campus and facilities during the school. year, and that the City will have priority of its use during the summer maths. Reference to facilities above does not include the school building. The Schools will reserve an area of the campus for use by students enrolled in pre-school during the month of August. E. That the City will: agree to put on one inch of water per month during the winter months when the grass and shrubbery are dormant, and one inch of water per week during the growing season. The City will be responsible for damage to theschool building and bear all costs of repair from April 1 to October 31, except for damage that occurs in April and My during the school hours, and except for acts of vandalism not related to th*ecreational program. That the schools will be responsible for damage to the school building and bear all costs of repair from September to Wrch gl and during the school hours in April and Nky, for acts of vandalism not related to the recreational program. E. ((bn'd) F, That the type of sprinkler system will be approved by the City and Schools. The Ehgineering for the system will be done by the City, and the Schools will bear the cost of equipment and installation. The City will maintain the sprinkler system after it has been properly installed and approved by the City. G. That the City will agree to maintain the grounds in such a manner as to have them in good condition at all times. The time for maintenance work on the campus will be coordinated with the school activities so as not to be in conflict. H. That the CLty will agree to provide traffic control and policing of the area in order to eliminate traffic congestion and to protect the property. OTHER RECOKHR 6ATIONS: A. That separate agreements to be made for each school campus that will be used jointly by the City Park Department and the Schools. B. With respect to liability for injuries that might occur on this campus it is recommended that the attorneys for the City and Schools advise their respective boards of suds liabilities and recommend such precautions as they deem advisable. C. Such legal problems as to expenditures of public funds, w nership, leases, etc, should be referred to the attorneys. D. Tkat a joint committeecE the staff personnel of both the City and the Schools be used and authorized to study ways and means and to develop and recommend plans and policies for the establishment of other local facilities and sites for joint use. E. That the agreement as finally developed for the Bush School Campus be written by the attorneys for the CLty and Schools and ratified by the governing boards. F. Provisions for termination oi*evision of this agreement should be ma de and incu rporated in this agreement. G. Schools will permit special use, by Recreation Department when not in conflict. 4' cc: W. N.B. Mo Oullough At. A.C. Hamilton W. Dale Tate W. Nat Williams W. A.W. Eckert W. H.P. Clifton Dr. Ishmael Hill CHANGES APPROVED BY CITY COMISSION (rtEMS BELOW APPROVED, INSTEAD OF AS SET OUT ON PRECEDING PAGE A. a. Pbotball - the (1) Football area grass only (No other facilities) b. Basketball - One a) Asphalt court wRh two CZ) goals and backstops c. Croquet - Cne (L) Court, concrete curb, sand surface, with wickets d. tennis - Two 0 ) Concrete courts with backstops e. Volley Ball - Two (Z) Asphalt courts with metal poles for nets f. Shuffle Board - Two CZ) Concrete Shuffle board courts S. Softball - Two (t) Grassed areas with backstops h. Swings i. Slides As decided by Park & Recreation Department J. Horse shoes B. C. 1. 2. Ploy water and electric bills 3. Lend 4. Parking areas and paving all streets - OMIT - it will be designed by the architect who designed the school building so that E. That the City will keep the grass adequately watered omit omit omit omit omit omit omit omit E. (Con'd) The School will be responsible for damage to all school bldgs. F. The M.neering design -for the system will be done by the City and the Schools bear the cost of equipment and installation. The City will maintain the sprinkler system after it is properly.installed and approved by the City Engineer. H. Quit omit OTHER RECOMMENMTIONS: A. B. It is recommended liability by months. 7-16-328-86 9 NOTICE OF ZONING HEARING. NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, ghat the City Commission will hold a public hearing on the 13th day of June, 1957, at 10:00 o'clock A.19. in the City Com<ission Room on the First Floor of the City Bill in Lubbock, Texas to consider the recommendations of the Zoning and Planning Commission that the zontg district of th*roperty herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing the City Commission will determine whether the Zoning Ordinaw a and map will be amended in accordance with such recommendation. ZONE CASE NO. 632 - Property annexed to the City of Lubbock, Lubbock County, Texas, by Ordinance No. 2119 on February 28, 1957. The Planning and Zoning Commission recommended to the City Commission that the property considered by this case be placed in zoning districts as follows: 1. That the following described property be placed in the "C-4"zoning district. IEGINNING at a point, said pointbeing the north ridit-of-way, line of the Clovis branch of the Panhandle and santa Fe Railway. THENCE west 120 feet to a point; THENCE south to a point, said point being in the north right-of-way line cEthe Clovis Branch of the Panhandle aal Santa Fe Railway; THENCE in a southeasterly direction along said right-of-way line to a point, said point being in the east line of said Survey 20, Block A; THENCE north to the point of beginning. 2. That the following described property be placed in the "M-1" zoning district. BEGINNING at a point, said point being 120 feet west of the northeast corner of Survey 20, Block A, Lubbock County, Texas; THENCE south to a point, said point being in the north right-of-way line of the Clovis Branch of the Panhandle and Santa Fe Railway; THENCE in a northwesterly direction along said right-of-way line to a point, said point being in the north line of said Survey 20, Block A; THENCE east to the point of beginning. /s/ LAVENIA LOWE LAVENIA LOWE, dity Secretary -Treasurer In accordance with the above Notice of Hearing, on zone case 632, said hearing was held. No Arson appeared before the City Oonnission in regard to the zone change,. It was found by the City Oommission that the property annexed by Ordinance No. 2119 on February 28, 1957 would still be a non -conforming use if it were changed as set out in the above Notice of Zoning Hearing. There- fore it was unanimously agreed by the City Commnissla to refer this zone case back to the City Planning and Zoning Oomtssion for further consideration. 57-16-329-870 Motion by Commissioner lyrd, seconded by Oammissioner Casey, motion carried, Myorforrest and Com- missiomrs Byrd, Casey and Maxey voting Yea, none voting Nay, to cancel and make void action of the City Commission of May 28, 1957, appointing Dr. Robert L. Carr as member of the Child Ualfare Board. Dr. Carr to continue to serve as a member of the. City -County Welfare Board as appointed by the City Oxmuission on May 9, 1957. 57-16-329-871 bbtion by Commissioner Maxey, seconded by Oornissioner Casey, motion carried, Miyor Forrest and Oommissioners Byrd, Casey and Maxey voting Yea, none vothg Nay, to authorize the Right-of-way Department to recommend to the County Commissioners Court of Lubbock County, Texas, that they accept the proposal of the M:Ooy Estate to convey to the City of Iubbock 9 acres of land out of the West one half of the Northeast one-fourth of Section 11, Block E-2, Lubbock County, Texas. Said land needed for right-of-way for Loop 289. The cost of the land to be $500.00 per acre, making a total consideration of $4,545.00. The proposal of Mrs. Louella McCoy and others as trustees of the McCoy trust is set out below. To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: FJAd notes for a 300 foot. strip of land along the proposed centerline of Loop 289 thru the West J of the Northeast Jt of Section 11, Block E-2, IubbD do County, Texas. Time centerline of proposed Loop 289 is more particularly defined for the purpose of this description as being a straight line from a point in the West line of Section 11, Block E-2, Iubbock Onunty, Texas, 1815 feet South of the Northwest corner of said Section 11 to a point in the Bast line of Section 11, Block E-2, 1808.4 feet South of the Northeast corner of said Section 11. The 300 foot strip of land along said centerline is out of the property conveyed by Mrs. Iuella McCoy to V.O. McCoy, V.E. McCoy, Milas B. & by, Winnell Arnett, Wilma Webster, Maxine Stramler and M.G. M:Ooy by deed dated August 17, 1955 atd recorded in Volume 587, Page 434, Lubbock County Deed Records; The 300 foot strip of land is more particularly described by metes and bounds as follows: BEGINNING at the intersection of the centerline of Loop 289 with the West line of the West of the Northeast k of Section 11, Block E-2, said West line being the West Property Line of the V.O. McCoy tract; THENCE North along said West line a distance of 150 feet, more or less, to a point, said point being 150 feet Northerly and measured perpendicular to said Loop 289 centerline; THENCE in an Easterly direction parallel to and 150 feet Northerly of the said loop 289 centerline a distance of 1320 ft., more or less, to a point in the Bast Property Line of the V.O. McCoy Tract, said point being in the East line of the West I of the Northeast 1; of said Section 14 Block E-2; THENCE South along said Fast Line a distance of 300 ft., more or less, to a point, said point being 150 ft. Southerly and measured perpendicular to said centerline; THENCE in a Westerly direction parallel to and 150 ft. Southerly of said centerline a distance of 1320 ft., more or less, to a point in the West Property Line of said Tract, said point being in theWest line of theWest k ofthe Northeast k of said Section II , Block E-2; THENCE North along said West line a distance of 150 ft., more or less, to time point of beginning, and containing 9.09 acres more or less. We propose and offer to convey by warranty deed to the Cityof Iubbock the following described part of the above described tracts of land, said part being describedas follows, to -wit: BEING 9.09 acres, and being all of the above described tract of lad. We agree to deliver to City a complete abstract showing merchantable title in the undersigned and to duly execute and deliver to the City general warranty -deed upon acceptance of title by the City, and payment or tender of payment to us by the City, time sum of FOUR THOUSAND, FIVE HUNDRED FORTY-FIVE AND NO/100 ($4, 545.00) DOLLARS. This proposal is submitted subject to due acceptance by the governing body oft he City of Lubbock. Yours truly, /s/ VILMA WEBSTER s ine Stramler Ls . Luella Mc Co As trustees of the McCoy Trust, under the terms of an instrument recorded in Vol 597, Pages 227-233, of the. M mock County, Texas THE STATE OF TEXAS XX COUNTY OF LUBBOCK (XX -16-330-872 MEN TO JOHN >COTT- R.0.W.DEPT BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared WUIU WEBSTER, MARINE STAMLER, AND LUELLA MCCOrY, as Trustees of the Mc Coy Trust, known to me to be the persons whose na*es are subscribed to the foregoing intrument, and acknowleted to me that they each executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of June, A.D., 1957. Isl MUM M. ROBINSON Notary lUblic in and for Lubbock County, Texas. Accepted by the Goverdag Body of the City of Lubbock, this day of 01957. Mayor ATTEST: City Secretary' Motion by Commissioner Casey, seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Right-of-way Department to recommend to the County Commissioners Court of Lubbock County, Texas, thd: the proposal of Ms. P.C. McCoy be accepted to convey to the City 11.45 acres out of the Fast one- half of the Northeast one-fourth of Section 11, Block E-2, Lubbock Texas for right-of-way for Loop 289. Price to be paid for this land if $500.00 per acre. making a total cost of $5,725.00. The P.C. McCoy proposal is set out below. To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of lad, to -wit: Field Notes for a 300 foot strip of Iand plus turn outs for an intersection along the pro- posed centerline of Loop 289 tru the Fast I of the Northeast k of Section 11, Block E-2, Lubbock County, Texas. The centerline of proposed Loop 289 is more particularly defined for the purpose of this description as being a straight line from a point in the West line of Section 11, Block E-2, Lubbock County, Texas, 1815 feet South of the Northwest corner of said section 110 to a point in the East line of said Section 110 Block E-2, 1808.4 feet South of the Northeast corner ft�of said Section 11. The 300 fg$f land plus turn outs along said'centerline is out of the original propety conveyed by Baxter Honey to P.C. McCoy by -lead dated December 28, 1926, and recorded in Volume 115, Page 382 Lubbock County Deed Records. The 300 foot strip of land plus turnouts is more particularly described by metes and bounds as follows: BEGINNING at the intersection of the centerlicm of Loop 289 with the West line of the Fast of the. Northeast k of Section 11, Block E-2; THENCE Northerly along said West line a distance of 150 feet more or less to a point, said point being 150 feet Northerly from and measured perpendicular to said centerline; THENCE in an Easterly direction parallel to and 150 feet northerly of the centerline of said Loop 269 a distance of 520 feet more or less to a point of divergence, said point being 800 feet West measured along said centerline from the East line of Section 11, Block E-2 and 150 feet Northerly from and measured perpendicular to said centerline; THENCE in a northeasterly direction at an angle of 50 42' 38" with said centerline a dist- ance of 549.1 feet more or less to the beginning of a curve to the left; THENCE along said curve to the left having a r adfus of 215 feet a distance of 316.2 feet Moro or less to a point, said point being 418.6 feet northerly from and measured perpendicular to said centerline of Loop 289 and 60 feet Westerly from and measured perpendicular to the Fast line of Section 11, Block E-2; THENCE Easterly a distance of 60 feet to a point in the East property Line of said P.C. W(by Tract and being in the Fast line of Section 11, Block E-2; THENCE Southerly along said East line a distance of 837.2 feet more or less to a point, said point being 418.6 feet Southerly, as measured perpendicular io said centerline of Loop 289; THENCE Westerly 60 feet along a line as measured perpendicular to said Fast line of Section 11, Block E-2, to a point; THENCE along a curve to theleft having a radius of 215 feet a distance of 316.2 feet more or less to a point, said point being 253.6 feet Westerly from the Fast line of Section 11, Block E-2, as measured perpendicular to said Section line and 204.6 feet Southerly from the centerline of said Loop 289, as measured perpendicular to said centerline; THENCE in a Northwesterly direction at an angle of 50 42138" with said centerline a dist- ance of 549.1 feet to a point, said point being 800 feet Westerly, as measured along the center- line, from the East line of Section 11, Block E-2 and 150 feet Southerly from said Loop 289 centerline, as measured perpendicular to said centerline; THENCE in a Westerly direction parallel to and 150 feet Southerly of said centerline a distance of 520 ft. more or less to a point in the West line of the East k of the Northeast of Section 11, Block E-2; THENCE Northerly along said West line a distance of 150 feet more or less to the point of beginning and containing 11.45 acres more or less. We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land, said part being described as follows, to -wit: BEING 11.45 acres and also being all of the above described tract of land. We agree to deliver to City a complete abstract showing merchantable title in the unde` signed and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum $5725.00. This proposal is submitted subject to due acceptance by the governing body of the City of II Lubbock. Yours truly, /s/MRS. P.C. MCCOY Accepted by the Governing body of the City of Lubbock this day of MAYOR ,1957. ATTEST: CITY SECRETARY THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned, a Mary Public in and for said County, Texas, on this day personally appeared Mrs. P.C. McOby, known to me to be the person whose name is-sbbscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OFOFFICE, THIS 14th day of June, 1957. /s JEANNE M. ROBINSON Notary Public, Lubbock County,Texas THMTATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE HE, the undersigned, a Notary Public in and for said County, Texas, on this day personally appared and, his wife, both known to me to be the persons whose names are subscribed to the f oregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the daid , having been examined by me privily and apart from herhusband, and having the same fully explained toter, she the said , acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS day of ,A.D., 1957. Notary Public, Lubbock County, Texas BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: That the foregoing Proposal BE, and it is hereby accepted this day of ,1957. ATTEST: LAVENIA LOWE, City Secretary -Treasurer S. S. FORREST, JR., Mayor 57-16-331-873 Motion by Commissioner Maxey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the Mayor to GIVEN TO JOHN execute the following Land Use Permit between the City of Lubbock and C.G. Webster, this being SCOTT-ROW DEPT. a permanent easement r LAND USE PERMIT THE STATE OF TEXAS X COUNTY OF LUBBOCK X This land use permit agreement is made the 13th day of June, 1957, between the CITY OF LUBBOCK a HDme Rule Municipal Corporation, hereinafter called "CITY" and C.G. lobster, hereinafter called "PERMITTEE", WITNESSETH: THkT tbeparties hereto, for the consideration hereinafter expressed, covenant and agree as follows: I. Fbr and in consideration of the sum of TEN AND N0/100 ($10.00 ) DOLIA RS payable in advance the CITY hereby grants the PERMITTEE permission to use certain property owned by CITY for the purpose of storing ceramic tile for a period of one (1) year from date next above written, said property being located in Lubbock County, Texas, and described by metes and bounds as follows, to -wit: BEGINNING at the SW corner of Lot 10, Block 63, Overton Addition to the City of Lubbock Lubbock, County, Texas; THENCE North along the West line of said lot 10 a distance of 34 feet, 10 inches to a point; THENCE Fast parallel to the South line of aforesaid lot 10 a distance of 15 feet to a point; THENCE North 15 feet, 2 inches to a point, said point being 50 feet North and 15 feet East of the S.W. corner of said Lot 10; THENCE East parallel to and 50 feet North of the South line of aforementLoned lot 10 a distance of 85 feet to a point in the East line of Lit 9 , in said Block 63, Overton Addition; THENCE South along the East line of said lot 9, a distance of 19 feet 8 inches to a point; saU point being 30 feet, 4 inches North of the S.B. corner of said Lot 9; THENCE West parallel toand 30 feet, 4 inches North of the South line of the aforesaid Lot 9, a distance of 49 feet, 3 inches to a point in the East line of aforementioned lot 10; THENCE South along the east line of Lot 10 a distance of 30 feet, 4 inches to the S.E. corner of Lot 10; THENCE West along the South line of Ibt 10 a distance of 50 feet to the PLACE (F BEGINNING. 2. This Land Use Permit may be renewed by PERMITTEE from year to year with the approval of the City Commission of the CITY OF LUBBOCK and upon the payment by PERNITTEE of $10.00 in advance as compensation for each and every year during the life of this Land Use Permit. This Land Use Permit may be cancelled and revoked with or without cause at any time by CITY at its election upon thirty (30) days notice of the PERMITTEE. 3. PERMITTEE hereby covenants and agrees to keep the premises in an attractive state of preservation and to steep the grass and weeds on said premises well -cut. 4. PERMITTEE may construct a fence on said premises; provided however, that such fence shall comply with all ordtances and regulations of the CITY OF LUBBOCK covering fence conitruction, In the event this Land Use Permit is cancelled or revoked, or otherwise becomes of no force and effect, PERMITTEE shall, if requested to do so by City remove said fence from the premises forth- with, to gether with all property stored on th4remises by PERMITTEE. 5. This land Use Permit is made subject to the condition that the PERMITTEE, his heirs or assigns, willat all times defend, indemnify an4otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity of whatsoever kind or nature which may grow out of or relate to the making of this Permit or the storing ofceramic tile on the premises, and will further replace or repair and pay in full all losses or expenses that the CITY may sustain, incur or become liable for resulting in any manner from the storing of ceramic tile on theF remises. Ekecuted in Duplicate this 13th day of June, 1957, THIS COPY BEING A DUPLICATE ORIGINAL. CITY OF LUBBOCK BY /s/ S. S. FORREST, JR., Mayor ATTEST: /sl LAVENIA LOWE City Secretary -Treasurer THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undesigned authority, a Notary public in and for Lubbock County, Texaq on this day personally appeared S.S. FORREST, JR., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITYOF LUBBOCK and as MAYOR, for th*urposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of June, 1957. Notary Public, Iubbodc Osunty, Texas THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned, authority,a Notary Public inand for Lubbock County, Texas, an tlds day pesonally appeared C.G. Webster known to me to be the person whose game is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the6urposes and conside,- ration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,1957. -16-332-874 Motion by Oosmissis ner Byrd, seconded by Qr missi©ner Casey, missioners Byrd, Casey and Maxey voting Ye$, none voting Nay, was passed as an emergency measure: Notary Public, Lubbock County, Texas motion carried, Mayor Forrest and Can - Appropriation Ordinance No. 2239 , ORDINANCE NO. 2239 AN APPROPRIATION ORDINANCE WHEREAS, the City mission of the City of Iubbeck finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinace deals with tba-daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Bond Fund The sum $ 12,000.00 For thefollowing purpose: 1. Water line extension in 16th from Vanda to 3801Erof Beech 2. Water line extra Sion in Zenith from 16th to 19th Street 3. Water line extension in Beech from 16th to 19th St. 1 57-16-333-875 Motion by Commissioner Byrd, seconded by Commissioner Casey, motion carried, Mayor Forrest and Com- missioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of a 5' permanent sidewalk easement as follows: SIDE WALK EASEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: Ij COUNTY OF LUBBOCK X THAT we, ORVILLE T. KUYKENDALL and wife, LEORA KUYKENDALL for and in consideration of the sum of ONE AND N01100 ($1.00)DOLLARS and the benefits accruing.and to accrue to us and to the balaneb of the property owned by us, to us in hand paid by the CITY OF LUBBOCK, a Home Isle Manic tel Corporation, the receipt of which is hereby acknowledged and confessed have GRANTED, SDLD and CONVEYED and by these presents do GRANT, SELL and CONVEY, unto the City of Lubbock, a Home Rule Municipal Corporation, of Lubbock County, Texas, a permanent sidewalk easement along, under and across the following described five (5) foot tract of land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: 57-16-333-976 BEGINNING at a point in the South Line of Lot 11, Block 11, Sunset Heights Second Addition, sdd point being 10 feet East of the Southwest corner of TA 11, Black 11, Sunset Heights Second Addition; THENCE North parallel to and 10 feet East of the West line of said Lot 11, Block 11, Sunset Heights Second Addition a distance of 125 feet to a point, said point being in the North Line of Lot 11, Block 11, Sunset Heights Second Addition; THENCE East 5 feet; THENCE South 125 feet; THENCE West 5 feet to the PLACE OF BEGINNING. The execution of this Easement by the Grantors herein, their heirs and assigns, and the accq) tance by th a CITY OF LUBBOCK shall never be cons trued as affecting the ownership of the aboverdescribed tractcf land and shall not affect in any manner any paving liens or other public improvement liens or any liens of whatever nature held at this time or to be held in the future by the CITY OF LUBBOCK, their successors or assigns. TO HAVE AND TO HOLD the above -described permanent perpetual sidewalk easement to the CITY OF LUBBOCK, its successors and assigns forever, together with the rights and privileges at any and all times and seasons to enter upon said premises, or any part thereof, for the purpose of constructing reconstructing or maintaining a sidewalk thereon. Grantors herein specifically covenant and agree that neither they, nor thet heirs and assigns' will build any building or structures of a similar nature over the herein -granted permanent side- walk easement. WITNESS OUR HANDS this 13th day of June .1957. ORVILLE T. KUYKENDALL LEORA IWKBNDALL STATE OF TEXAS X - COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public, in and for Lubbock County, Texas, on this day personally appeared ORVILLE T. KUYKENrALL. and LEORA KUYKEND&LL his wife, both known to me to be ffi e persons whose names- are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said LEORA KUYKENDALL wife of the aid ORVILLE T. KUYKENDALL, having been examined byes privily and apart from hex husband, and having the same fully explained to her, she, the said LEORA KUYKENDALL acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of June . 1957. Notary Public, Lubbock County, Texas Motion by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Ye; none voting Ngy, the following resolution was passed RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER ON BEHALF OF THE CITY OF LUBBOCK A SPECIAL WARRANTY DEED TO A PARCEL OF LAND LOCATED IN THE NE PART OF SECTION 8, BLOCK E-2, IN THE CLTY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS RESOLUTION. WHEREAS, the City of Lubbodo owns a parcel of land in the NE part of Section 8, Block 1-2, in the City of Lubbock, Lubbock County, Texas, as more particularly described herein after and which parcel of land is not being used and will not in the future be used or needed for any public purpose;, and, WHEREAS, said land is excess land and has not been used and dedication for public use and impressed with any public easement; atd, WHEREAS, the Christ Lutheran Church (U.A.C.) of Lubbock has offered to purchase the same by exchanging to the City of Lubbock property owned bylt which is needed for right-of-way purposes; and, WHEREAS, the Christ Lutheran Church (U.A.C) of Lubbock has agreed to the further consideration that they will release the City of Lubbock from any claims arising out of the setting and changing of building lines on 50th Street or on other property owned by the Christ Lutheran Church (U.A.C.) of Lubbock; and, WHEREAS, the City Commission finds that it would be to the public interest to convey to the said Christ Lutheran Church (U.A.C.) of Lubbock the below described property for the considerations above stated; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1, THAT the Maycr BE and he is hereby authorized and directed to execute on behalf of the City of Lubbock a special warranty deed cotveying to the Christ Lutheran Church (U.A.C.) of Lubbock the following described property; A lot, tract or parcel of land lying and being situated in the 59 part of Section 8, Block �� E-2, in the City of Lubbock, Lubbock County, Texas, more fully described by metes and bounds as follows: BEGINNING at a point 688 feet West and 90 feet South of the NE corner of Section 8, Block E-2x THENCE South 140 feet to a point; THENCE West parallel to and 230 feet South of the North line of Section 8, Block E-2, a distance of 161.4 feet to a point; THENCE North 155 feet to a point; THENCE East parallel to a nd 75 feet South of the North line of Section 8, Block E-2, a dis- tance of 146.4 feet to a point for curve to the right having a radius of 15 feet; THENCE along said curve to the right a distance of 23.56 feet to the PLACE OF BEGINNING. SECTIONZ. THAT the City Secretary -Treasurer shall attest such conveyance affixing the seal of the City of Lubbock thereto. SECTION 3. After such deed has been duly executed and properly attested the same shall be delivered to the Christ Lutheran. Church (U.A.C.) of Lubbock upon its delivery of a dedication deed to the City of 'Lubbock dedicating a strip of land 75 feet by 320.6 feet off of the North side of the property owned by it facing on 50th Street between Knoxville and Joliet Avenues in the City of Lubbock and the further delivery to the City of Lubbock of a release releasing the City of Lubbock from any claim for damages occasioned by or arising out of the City of Lubbock's changing and setting the building lines on the property owned by the Christ Lune ran Church (U.A.C.) of Lubbock on 50th Street. Passed by the City Commission this 18th day of June, A.D. 1957. ATTEST: /s/ LAVENIA LOWE City Secretary -Treasurer SPECIAL WARRANTY DEED THE STATE OF TEXAS x KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK x THAT the CITY OF LUBBOCK, a Home File 1-Unicipal Corporation of Lubbock, Lubbock County, Texas* for and in consideration of the dedication of a strip of land 75 feet by 320.6 feetfor street purposes by the grantee herein and in farther consideration of the release of the Grantor by the Grantee from any claim for damages occasioned by or arising out of the Grantor's setting or changing the builditg line on 50th Street on Grantee's property, and other good and valuable consideration to it in hand paid by the Christ Lutheran Church (U.A.C.) of Lubbock, have Granted, Sold and Con- veyed and by these presents do Grant, Sell and Convey unto the saidlutheran Church (U.A.C.) of Lubbxk, Lubbock County, State of Texas, all that certain lot, tract or parcel of land situated in the City of Lubbock, Lubbock, County, Texas, and being more paticularly described by metes and bounds as follows: BEGINNING at a point 688 feet West and 90 feet South of the N.E. corner of Section 8, B1ockE-2; THENCE South 140 feet to a point; THENCE West parallel to and 230 feet South of the North line of Section 8, Block E-2, a dist- ance of 161.4 feet to a point; THENCE North 155 feet to a point; THENCE Fast parallel to and 75 feet South of the North line of Section 8, Block E-2 , a distance of 146.4 feet to a point for curve to the right having a radius of 15 feet; THMC E along said curve to the right a distance of 23.56 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtnances thereto in any wise belonging unto the said Christ Luthran Church (U.A.C.0 of Lubbock, its successors and assigns forever and the said City of Lubbock does hereby bind itself, its successors and assigns to warrant and forever defend all and singular unto the said Christ Lutheran Church (U.A.C.) of Lubbock against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through and under it. WITNESS the hand of the City of Lubbock this 13th day of June, 1957. ATTEST: CITY OF LUBBOCK (s/ LAVENIA LOWE,City Secretary -Treasurer BY: ems/ S. S. FORREST, JR. , Mayor THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Rotary Public in and for said County, Texas, on this day personally appeared S. S. FORREST, JR., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of June ,1957. Notary Public, lbbbock County, Texas SEE ORIGINAL BIDS IN BID TABULATION BOOK NO. I. 57-16-335-877 Bids were read for 1000 poles for the electric departue nt, being bid #3000. After consideration of the above bids, motion was made by Commissioner Byrd, seconded by Oommissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Lincoln Timber Company fDr purchase -of items 1,2,4, Accept ft bid of International Paper Co. Long -Bell, for purchase of item 3. 57-16-335-878 Bids were read for watthour meters for the Electric Department, being bid Nb. 3002. After consideration of all bids submitted, motion was made by Commissioner Maxey, seconded by Com- missioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Nelson Electric Supply for purcba se of items 1 and 2. Accept the bid of C.B. Anderson Co. for purchase of item 3. Accept the bid of Geneal Electric Sup for purchase of item 4. Accept the bid of Westinghouse Elec. Sup. for purchase of items 5,6, and 7. 57-16-335-879 Bids were read for automobiles for the Airport and Bngineering Department, being bid No. 3004. 57-16-335-880 57-16-335-881 i! 57-16-335-882 After consideration of all bids, motion was made by Commissioner Casey, seconded by Camamiissioner Byrd, motion carried, Mayorlorrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize item 1 to be purchased from International Harvester Company and Item 2 to be purchased from Lubbock Auto Company. Bids were read for a ditching machine for thestreet and Water Depgtment,being bid no. 3006. After consideration of all bids, motion vas made by Commissioner Casey seconded by Commissioner Maxey, motion carried, Mayor Forrest and Commissioners Byrd, Ca►seyaad Maxey voting Yea, none voting Nay, to accept the bid of W.L. Johnson Machinery Co. for purchase of this ditching machiner. Bids were read for expansion joints, check and butterfly valves and flange for Electric Plant No. 2 unit No. 7, being bid No. 3009. After consideration of all bids submitted, motion was made by Commissioner Maxey, seconded by Com- missioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none vothg Nay, to authorize purchase to be made as follows: Accept the bid of rbrrison Supply for purchase of item 1. Accept the bid of M.B. M:Kee Company for purchase of item 2. Accept the bid of Clowe and Cowan Inc. for purchase of item 3,4, and 5. Bids were read for Miscellaneous Electric Hardware, being bid No. 3017 After consideration of all bids submitted, motion was made by Comissioner Byrd, seconded by Com- missioner Casey, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize the purchase to be made as follows: Accept the bid of Southwestern Electric Supply for purchase of items 1,2,3,4,6,7, and 8. Accept the bid of Nelson Electric Supply for purchase of Item 9. Accept the bid of R&A Supply Co. for purchase of item 5. 57-16-335-883 Bids were read for purchase of 16 " Class 150 Water pipe, being bid No. 3018. After consideration of all bids, motion was made by Commissioner Casey, seconded by Commissioner Byrd, motion carried, Mayor Forrest and Commissioners Byrd, Casey and Maxey voting Yea, none voting Nay, to authorize acceptance of the bid of Gifford -Hill American Inc. for purchase of all five items,of pipe. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION TO MEET IN RECESSED REGULAR MEETING JUNE 19, 1957. THE CITY COMMISSION RECESSED READ AND APPROVED THIS THE 27th DAY OF June , 1957. ATTEST: FORREST, JR., !� LAVENIK/LOWE, City Were tary�-Treasurer